TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT. For the meeting of March 20, Agenda Item 6A

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1 TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT For the meeting of March 20, 2017 Agenda Item 6A Owners: Grace Fisher Design Professional: Buildergirl Construction Project Address: 318 The Alameda Assessor s Parcel No.: Zoning: R-1, Single Family Residential General Plan: Single Family Residential FIRM Flood Zone: X Request Demolition permit to demolish the existing single family residence and construct a new single family residence, designed in Victorian style. The proposed single family residence is two stories and 30 feet tall (code: 30 ). The project includes two uncovered parking spaces to the rear of the property. The proposed single family residence includes two bedrooms and two bathrooms and a covered porch entry. The project meets development regulations, no variances are requested. Proposed materials include white horizontal clapboard fiber cement siding and dark green roofing material. Recommendation That the Planning Commission approve the project subject to the findings and conditions in the staff report. I. PROJECT SUMMARY Timing Pursuant to the Permit Streamlining Act (California Government Code Section et. seq.) the Planning Commission must approve or disapprove the project by May 13, 2017 (within 60 days of the project being deemed complete and exempt from CEQA). Public Notice and Comments A notice was mailed to all residents and property owners within 300 feet of the project and posted in three places. As of the date of this staff report, no public comment has been received. Page 1 of 6

2 Existing and Proposed Conditions Existing Proposed Code Zoning R-1, below 150 MSL Same General Plan Single Family Same Flood Zone X Same Lot Size (sq. ft.) 5,750 (existing nonconforming) Same 7,500 Lot Coverage (%) 18.4% 13.3% 35% Lot Coverage 1,056 sq. ft. 755 sq. ft. 2,012 sq. ft. Adjusted Floor Area 13.8% 21.8% 40% Ratio (%) Adjusted Floor Area * 400 sq. ft. of garage does not count First Story Garage Total Setbacks Front: 20 < Rear: 20 > North Side: 8 South Side: 8 > First Story 2 nd Story Total Front: 20 Rear: 20 < West Side: 8 East Side: ,254 Total 2,300 Front: 20 feet Rear: 20 feet Sides: 8 feet On-Site Parking 2 spaces 2 uncovered 2 spaces Stories Maximum height above average existing grade unknown 29 feet 30 feet II. ANALYSIS Background and Project Description The requested entitlements include the following: 1. Use Permit to demolish the existing single-family residence. 2. Design Review for a new single-family residence. The project site is currently developed with an existing one story single family residence. There are no planning entitlements on file for the site. The project proposes to demolish the existing residence and construct a two story Victorian style residence. The proposed residence includes two uncovered parking places to the rear of the property which meet all setback regulations. The proposed residence includes two bedrooms, two bathrooms, a kitchen, dining room, living room, and small office. The proposed structure complies with all of the development requirements for the zoning district and no variances are necessary. The house has a simple Victorian farmhouse design with multiple roof lines and a covered porch entry way to break up the mass. The floor area of the proposed residence is modest, approximately 1,000 square feet Page 2 of 6

3 smaller than what is permitted on the lot. Materials include white horizontal clapboard fiber cement siding and dark green roofing material. The project site is surrounded by three existing single family residences. The proposed project will pull the residence away from the rear of the lot, which has the closest proximity to the neighbor. The residence to the south side of the project site is separated by approximately 70 feet, and a driveway which is used to access 314 The Alameda. There is existing mature tree vegetation screening the project site from the north side neighbor, which is on the adjacent site and will be maintained. Staff believes the Planning Commission can make the required findings to approve the residence, as set forth below. III. REQUIRED FINDINGS FOR APPROVAL CEQA Determination The project is categorically exempt from review under the California Environmental Quality Act since it falls under the types of projects which the California Secretary of the Resources Agency has determined do not usually have a significant effect on the environment: one new single family residence in a residential zone (CEQA Guideline Section 15303). No exception set forth in Section of the CEQA Guidelines applies to the project including, but not limited to, Subsection (a), which relates to impacts on environmental resources (previously disturbed site, no creek); (b), which relates to cumulative impacts; Subsection (c), which relates to unusual circumstances (flat site and size of residence not unusual); or Subsection (f), which relates to historical resources (not associated with historical events or persons, not architecturally significant, no evidence of archaeological resources found on site). Demolition Use Permit Findings To approve the use permit application for demolition of the existing structure, the Planning Commission must make each of the following findings (SAMC (a)): 1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town. The project site is currently used for residential use and continuing that use will not be detrimental or injurious as it is in keeping with existing uses in the area. 2. Pursuant to Section (e), The Town will encourage the preservation, maintenance, restoration, rehabilitation, moving or continued use of all structures of historic, cultural, or aesthetic value and find: Page 3 of 6

4 a. Failure to approve a demolition permit will cause immediate and substantial hardship because of the conditions peculiar to a particular structure, and such hardship has not been created by an act of the owner in anticipation of action under this chapter. Examples of hardship include health and safety hazards that cause the building to be unsafe. Personal, family, financing difficulties, loss of prospective profits and neighboring violations are not justifiable hardships. b. It is necessary to reveal previous architectural features covered up, such feature that would be functionally and aesthetically compatible with the existing improvements and the natural elements of the area. The existing structure was built in 1924 (according to County Assessor records) and is not remarkable in design and not of historic, cultural, or aesthetic value. The Town does not have an inventory of historic structures. The existing structure does not have local historic significance and would not qualify for listing on a state or federal historic register. Therefore, findings a and b above are not relevant to the proposed demolition of the existing residence. Design Review To approve the design review application, the Planning Commission must make each of the following findings (SAMC ): 1. The project will not unreasonably impair access to light and air of structures on neighboring properties. The project is sited significantly away from neighboring properties such that it should not have an impact on their light and air. The property most likely to be impacted (324 The Alameda) has mature tree screening that shades its site. However, if the Planning Commission is concerned a shade study could be requested of the applicant prior to project approval. 2. The project will not unreasonably affect the privacy of neighboring properties including not unreasonably affecting such privacy by the placement of windows, skylights and decks. The project does not unreasonably impact the privacy of the neighboring properties. The adjacent property on the south is located far away from the project site and separated by a driveway easement. There is existing vegetation screening the project site from adjacent sites. The rear setback will be improved with the new project and should add more of a buffer between 318 and 314 The Alameda. 3. The project will be of a bulk, mass and design that complements the existing character of the surrounding neighborhood. The bulk and mass is in keeping with the character of development in the immediately surrounding neighborhood. The design of the proposed residence is complementary to the development in the surrounding neighborhood and the rural character of the area. Page 4 of 6

5 4. The project will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood. No elements of the project will adversely affect the health or safety of persons in the neighborhood nor will it be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood. Prior to construction, the applicant must receive a building permit from the Town of San Anselmo that requires that all work be done per California Construction Codes. Conditions of approval include conditions recommended by the Ross Valley Fire Department for fire safety. IV. CONDITIONS OF APPROVAL Staff suggests approval subject to the following conditions, which shall be printed on the first page of the plans submitted for a building permit: 1. The project shall substantially comply with plans for 318 The Alameda by Buildergirl Design and Construction dated except as otherwise specified in the Conditions of Approval. 2. The proposed project will replace and/or add more than 1,000 square feet of impervious surfaces on the property. An engineered stormwater management plan and drainage plan is required. The plan must show all existing and proposed impervious areas (i.e. roofs, driveways, patios, decks, etc.), identify the surface material and note the quantity of any changes, and show the location and discharge points for drainage and stormwater drainage features to be installed with the project. Refer to the BASMAA Post Construction Manual for additional guidance. A hydrological report may be required to support sizing of any new facilities as well as consideration for changes in the time to concentration for the connecting facilities. A bio-retention or other permanent stormwater retention system is required. 3. The applicant shall comply with all requirements of the Marin Municipal Water District (MMWD) for water service prior to project final as set forth in the MMWD letter dated February 21, Applicants shall comply with the requirements of the Ross Valley Sanitary District prior to project final. A connection permit will be required from the District. The size of the sewer lateral will depend on the fixture count calculated during the permitting process. Sanitary District No. 1 will place a hold on the property when the building permit is issued. The project will not be released for occupancy until the District s permit and sewer requirements are fulfilled. It is the property owner s responsibility to obtain a sewer connection permit and meet all District requirements pertaining to the private side sewer/lateral. Ross Valley Sanitary District (415) The project shall comply with the requirements of the Ross Valley Fire Department memo dated 1/30/ Unless otherwise provided for in the Town Municipal Code, if an activity or development which has received discretionary approval has not begun within one (1) year from the date of the final action, the permit shall become null and void. The date of final action Page 5 of 6

6 shall be either ten (10) calendar days following the date of action by the Planning Commission or the Town Council, whichever is last. The discretionary action previously approved by the Planning Commission, or Town Council for which the improvement permitted by the discretionary action has not been used or accomplished may be renewed by the Planning Director for a maximum period of one year provided that prior to the expiration of the discretionary action, the applicant submits a written statement to the Planning Director showing good cause, which shall be reviewed in accordance with the provisions set forth for discretionary actions as set forth in Article 7 of Title 10 of the San Anselmo Municipal Code. 7. The applicants and/or owners shall defend, indemnify, and hold the Town harmless along with the Town Council and Town boards, commissions, agents, officers, employees, and consultants from any claim, action, or proceeding ( action ) against the Town, its boards, commissions, agents, officers, employees, and consultants attacking or seeking to set aside, declare void, or annul the approval(s) of the project or alleging any other liability or damages based upon, caused by, or related to the approval of the project. The Town shall promptly notify the applicants and/or owners of any action. The Town, in its sole discretion, may tender the defense of the action to the applicants and/or owners or the Town may defend the action with attorneys of the Town's choice, with all attorneys fees and litigation costs incurred by the Town in either case paid for by the applicant and/or owners. Prepared By: Sarah Price Assistant Planner Attachments: 1. Application and Supplemental Questionnaires 2. Project plans Page 6 of 6